Breaking: Arizona Gov. Jan Brewer vetoes religious freedom bill

posted at 8:31 pm on February 26, 2014 by Erika Johnsen

As was increasingly expected, this evening Arizona Gov. Jan Brewer nixed Senate bill 1062, which would have allowed for a religious exemption to the state’s public accommodation laws — i.e., businesses and individuals would have had legal protection in demurring from providing goods and services to certain customers on the basis of religious objections. A.k.a., gays and lesbians. Via CNN:

Brewer said she made the decision she knew was right for her state.

“I call them as I see them, despite the cheers or the boos from the crowd,” she said, calling the bill “broadly worded” and saying it could have unintended consequences.

Brewer said she’d weighed the arguments on both sides.

“To the supporters of the legislation, I want you to know that I understand that long-held norms about marriage and family are being challenged as never before. Our society is undergoing many dramatic changes,” she said. “However, I sincerely believe that Senate Bill 1062 has the potential to create more problems than it purports to solve. It could divide Arizona in ways we cannot even imagine and no one would ever want.

“Religious liberty is a core American and Arizona value, so is non-discrimination.”

Update: Allahpundit has more coming in the QOTD, but here’s another snippet from Brewer’s rationale for the veto: Let’s get back to our priorities, shall we?

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Do most of you against this realize that it is ALREADY okay for a business to discriminate against gay in Arizona? Do most of you realize that the purpose of this bill was mostly to clarify the federal Freedom Restoration Act passed in 1993? ANd that this bill actually extended that protection but also made the fact that if the business wanted to not serve gays – it made it the burden of PROOF HARDER For the business owner. I swear sometimes gays are their own worst enemy.

Clinton, a former secretary of state and potential 2016 Democratic presidential candidate, said here Wednesday night that Brewer’s veto recognizes that “inclusive leadership is really what the 21st century is all about.”

Clinton’s comments came during a speech Wednesday evening before several thousand students and faculty at the University of Miami.

Manufacturing and maintaining your own false reality is one thing, but destroying your children’s minds before they achieve the ability to think critically for themselves is nothing less than an evil and insidious form of child abuse.

In sum, the bill would essentially make three changes for RFRA: 1) Clarify that any association, including for-profit corporations, are covered. 2) Clarify that the government does not have to be a party in the case. And, 3) to prevent frivolous RFRA claims, require that those claiming a religious freedom violation show that there is an actual religious belief behind their action, that they are sincere in their religious belief, and a state action has placed a substantial burden on their religious belief.

While the first two changes are designed to make sure that religious freedom is protected in the broadest way possible, the third change is to make sure that people are not concocting their own religion or religious belief in order to sue. If the bill is passed, those asserting a religious freedom violation would have to prove to the court that it is based upon an actual religious belief, and that they hold strongly to that religion.

While the bill clarifies the broad coverage of RFRA, it also makes it more difficult to sue under RFRA. Let us assume, though, the Arizona bill is signed and becomes law, and someone is able to pass those stricter tests and is allowed to sue under RFRA. Being allowed to sue does not mean they automatically win in court.

Under RFRA, government action may still violate one’s religious beliefs. To do so, though, it must show there is a “compelling government interest” and the “least restrictive means” were used to further that government interest. Claiming the law is generally applicable (applies to all faiths or no faith), though, is not sufficient reason, under RFRA, to take away someone’s religious freedom.

This means RFRA is telling the court to balance the needs of government to accomplish its purposes against the religious freedom of its citizens. Religious freedom must be protected, unless there is an important government purpose that outweighs religious freedom and there is no other way to accomplish that purpose without violating someone’s religious belief.

Recent cases involving Christian vendors refusing service for gay weddings has, understandably, been part of the debate over the Arizona bill. Those recent cases, though, involving wedding photographers and wedding cake bakers, are not about discrimination against gays. The photogaphers and bakers in those cases have made clear they would gladly serve gays outside the context of a same-sex wedding. They are not refusing to serve gays, they are refusing to serve a same-sex wedding.

Should the government be able to force them to violate their religious conscience? A court using RFRA would apply the balancing test: the answer is yes, only if there is a compelling governmental interest and the least restrictive means of furthering that interest were used.

At this point, it should be clear why the Arizona bill would not usher in an era of “Jim Crow for gays” in that state. Even if there were a host of Arizona businesses hoping to turn away gay customers (there is not), this bill would not make that any more likely. In fact, just the opposite. Sueing under RFRA is made more difficult by the Arizona bill.

The e-mail, obtained by Alliance Defending Freedom, reads, “DIE YOU ****. AND I HOPE YOUR CHILDREN DIE TOO. YOU HATEFUL **** DEMON.” The Gilbert business owner received the e-mail and others after expressing her support for SB 1062 in several media interviews.

“If you’re wondering where the supporters of SB 1062 are, they’re home protecting their children from death threats,” said Alliance Defending Freedom Senior Counsel Doug Napier. “Sadly, this is not the first time we’ve seen opponents of religious freedom not only spread falsehoods but engage in the very intolerance they say they oppose.”

David Cooley, the founder of The Abbey Food & Bar located at 692 North Robertson Blvd., has announced the popular gay bar will add any legislator in any state who votes for “bills to allow for discrimination against LGBT people” to a “Deny Entry List.”

Do most of you against this realize that it is ALREADY okay for a business to discriminate against gay in Arizona? Do most of you realize that the purpose of this bill was mostly to clarify the federal Freedom Restoration Act passed in 1993? ANd that this bill actually extended that protection but also made the fact that if the business wanted to not serve gays – it made it the burden of PROOF HARDER For the business owner. I swear sometimes gays are their own worst enemy.

melle1228 on February 26, 2014 at 9:15 PM

Oh…. Well… If that’s the case I’m still outraged or something.
Seriously, all this could be settled with a handshake or by going to the next listing in the yellow pages.

.

I want a law saying beautiful women can’t discriminate against bald curmudgeons.

This is going to end up like ObamaCare, in that for many people, you could talk all day between 2009 and 10/1/13 and tell them what a train wreck it was going to be, but they weren’t going to believe it until they saw it — and in many cases experienced it for themselves.

In this case, you can tell people the end game eventually is to force religious denomination into performing same-sex marriages, or face loss of their tax exempt status and/or the accreditation of their schools, hospitals and other charitable institutions. But many of them aren’t going to believe it until the first lawsuit is filed (which — depending how emboldened they are — will come either right after the midterms or right after the 2016 elections … which would still put the U.S. a few years behind England.

Isn’t that interesting how many outlets are referring to the bill as “anti-gay” and as the “hate bill.”

And then you have sites like this one with bloggers who seem almost indifferent, with some saying very little, leaving the impression that they support the veto and just don’t want to anger their readers.

David Cooley, the founder of The Abbey Food & Bar located at 692 North Robertson Blvd., has announced the popular gay bar will add any legislator in any state who votes for “bills to allow for discrimination against LGBT people” to a “Deny Entry List.”

sadsushi on February 26, 2014 at 9:25 PM

I would go there, demand entrance and service as a proud straight guy, and then threaten to sue the ever lovin’ shiznatch out of them if they deny me.

Manufacturing and maintaining your own false reality is one thing, but destroying your children’s minds before they achieve the ability to think critically for themselves is nothing less than an evil and insidious form of child abuse.

“Today’s veto of SB 1062 marks a sad day for Arizonans who cherish and understand religious liberty. SB 1062 passed the legislature for one reason only: To guarantee that all Arizonans would be free to live and work according to their faith. Opponents were desperate to distort this bill rather than debate the merits. Essentially, they succeeded in getting a veto of a bill that does not even exist.

When the force of government compels one to speak or act contrary to their conscience, the government injures not only the dignity of the afflicted, but the dignity of our society as a whole.

SB 1062 made certain that governmental laws cannot force people to violate their faith unless it has a compelling governmental interest-a balancing of interests that has been in federal law since 1993. The religious beliefs of all Arizonans must be respected and this bill did nothing more than affirm that. It is truly a tragic day in our state and nation when lies and personal attacks can overshadow the truth.”
=================================================================

Yeah, and if you FORCE Woolworth’s to let you sit at the lunch counter, who knows what they’ll put in that egg salad sandwich?

The GOP has become the party of a rump Confederacy.

inklake on February 26, 2014 at 9:19 PM

It’s a fair point, however I think that, for good and for bad: freedom includes freedom of association. In my world Woolworth’s would be free to keep their egg salad and the rest of humanity would be free to never buy anything from them again.

Here’s to hoping that two conservative lesbians demand to be married in a fundamentalist mosque.

The lefties would pretzel themselves into shapes unexplainable by science in their effort to proclaim the correct outcome that should be found.

Bishop on February 26, 2014 at 9:27 PM

Hey Bish-

You trying to create the first man-made black hole? Because the only way the left could make your scenerio right would be by curling up in such a tight ball that atoms would be condensed to the point that no light would ever escape.

Yeah, and if you FORCE Woolworth’s to let you sit at the lunch counter, who knows what they’ll put in that egg salad sandwich?

The GOP has become the party of a rump Confederacy.

inklake on February 26, 2014 at 9:19 PM

Do you idiots not understand the law or history? We couldn’t have forced Woolworth in the 1960′s because it was against the law. Get it? The GOVERNMENT WAS forcing a PRIVATE BUSINESS to choose certain customers and segregate it.

Just like now the government is forcing a private business to choose certain customers. Government force was wrong then and it is wrong now. The government has not right to discriminate. Individuals do..

There are no longer any politician that has a moral backbone…..come Lord Jesus, come soon.

crosshugger on February 26, 2014 at 9:14 PM

The guy, if he ever really existed at all, is dead and ain’t commin’ back sucker. Just keep puttin’ your $ in the collection plate and shutup. You guys are so dang gullible. Why is it your side can’t beat a tool like Obama? And your side is fixin’ to lose to another tool in Billary. Congratulations sheep!

Brewer did exactly what a good governor should do when the legislature goes too far. The veto power is an important part of ‘checks and balances’. Good for her.

DisneyFan on February 26, 2014 at 9:34 PM

Stop reading the two second blurb. The law didn’t go to far, because it is already LEGAL IN ARIZONA TO REFUSE SERVICE TO GAYS. All the law did was clarify a federal law on religious protections that was passed in 1993.

The guy, if he ever really existed at all, is dead and ain’t commin’ back sucker. Just keep puttin’ your $ in the collection plate and shutup. You guys are so dang gullible. Why is it your side can’t beat a tool like Obama? And your side is fixin’ to lose to another tool in Billary. Congratulations sheep!

The guy, if he ever really existed at all, is dead and ain’t commin’ back sucker. Just keep puttin’ your $ in the collection plate and shutup. You guys are so dang gullible. Why is it your side can’t beat a tool like Obama? And your side is fixin’ to lose to another tool in Billary. Congratulations sheep!

When we’ve reached the point where the opinions of Major League Baseball and the NFL are more important than those of an elected State legislature, we have to acknowledge that whatever form of government we had in the United States is over. By the way, the Constitution guarantees to every State a republican form of government. I guess that’s meaningless, too.

Yeah..thats nice.
So you think that the bakery can sue the gays for damages? If not, how is this a win?

Mimzey on February 26, 2014 at 9:45 PM

I don’t think it is. I don’t think this bill went far enough. I think that service can be refused for any reason; not just religious reasons. I think the bill was largely symbolic and aimed at the three cities in Arizona that do have “anti-discrimination ordinances.”

We are at a crossroads in this country. Either we respect individual rights or we become property of the state. People are going to have to make a choice soon or else the only that will be legal is smoking a bong while marrying your gay lover.

First – the Right loses this argument all the time. When the MSM calls it an “anti-gay” instead of a “Religious Freedom” bill, YOU’VE ALREADY LOST!

You don’t solve hatred, bias and discrimination with more bias. That’s what Progressives do.

Maybe I’m too old, but I remember Conservatives (even more Libertarian-leaning like me) as the “do and say as you want” folks. At least that’s what I am.

This is what Progressives do – use a “crisis”, whether manufactured or real, to divide and conquer. The Right should be fighting for economic freedom, because with that Progressives have no bogeymen left. Fight the smart fight folks, our Union depends on it.

The guy, if he ever really existed at all, is dead and ain’t commin’ back sucker. Just keep puttin’ your $ in the collection plate and shutup. You guys are so dang gullible. Why is it your side can’t beat a tool like Obama? And your side is fixin’ to lose to another tool in Billary. Congratulations sheep!

It could divide Arizona in ways we cannot even imagine and no one would ever want.

Religious liberty is a core American and Arizona value, so is non-discrimination.”

Um, religious liberty is exactly what was at stake here. It’s clearly no longer an American value, though, if homosexuals can force others to validate a lifestyle they object to and the WH can force certain orgs to cover abortions that they object to on the same grounds.

Let’s stop pretending that the Left isn’t trampling on other people’s rights in their zeal to enact their agenda. And, she could at least do us all the courtesy of admitting the veto was issued out of cowardice and an unwilligness to stand up to these bullies.

Thanks! Bottom line is that Jan Brewer’s bowing to the gay bullies the way she did pretty much made her another McCain RINO.

I would have been okay with a veto but not the way she did it. No defense of the right to worship freely and all about changing demographics. It is as if Allahpundit was advising her that you have to give the gays whatever they demand.

The guy, if he ever really existed at all, is dead and ain’t commin’ back sucker. Just keep puttin’ your $ in the collection plate and shutup. You guys are so dang gullible. Why is it your side can’t beat a tool like Obama? And your side is fixin’ to lose to another tool in Billary. Congratulations sheep!

Bandit13 on February 26, 2014 at 9:40 PM

Hey bandi, you going to answer my qurstion?

Or are you afraid to answer?

Bandit13,

I believe in the Triune God of the Bible: God the Father, Son, and Holy Spirit.

Now when you said

“you god raped his mother, condones slavery, is a misogynist and slauthered thousands. What a pu$$y!

your god is a pu$$y.

it neuters that sissy god of yours.

You’re really on a heavy duty period this month, huh Davina, just like your fictional god was when he flooded the earth. What a little bi+ch move that was.”

Why is it your side can’t beat a tool like Obama?
Bandit13 on February 26, 2014 at 9:40 PM

Because the media is corrupt, and there are many uninformed/misinformed voters.
After all, the media told us that Obamacare would provide free healthcare for everyone for everything and that any Republicans that claimed it wouldn’t were liars. They also said that Benghazi was a spontaneous reaction to a Youtube video. etc.etc.etc.

Of course it was the media that were lying, but they lied all the way through the election.

The real issue is there is even a need for a la like this in a free country. Freedom includes your right to do things others find offensive (a long as your freedom doesn’t intrude on others, of course).

The people in Arizona should now know that their opinions aren’t as important as those of organizations who say they will boycott your State. The rest of us should get exactly the same message. Your views, as expressed through your State legislature, aren’t as important as those of certain powerful organizations.

First off, this was expected. She did the same thing one year ago to a bill that was very much like the one she just vetoed. The Republican legislature should have rewritten the bill to be very narrowly tailored. Writing bills today is not like writing constitutional amendments – you can’t write them short and sweet. They are too easily defined by the MSM. You have to have language that spells out exactly the scenarious you are trying to protect and those you are not – why do you think all these bills and rules and regulations are now over 1,000 pages long. So, from that standpoint, the bill was poorly drafted and was bound to wind up in the same veto bin that the first one did last year.

Second, before passing any type of legislation, the representatives need to come up with a narrative – one that describes why forcing someone to violate their conscience is wrong unless there is overwhelming compelling reasons to do so. Otherwise, you get idiots like Kirsten Powers writing her bilk. Republicans are notoriously bad at this – it’s as if we don’t have a creative writer among us. That’s what legislation and governing has become all about (and, incidentally, why we have stupid names for all our legislation and rules – like the PATRIOT Act) – creating a narrative.

Third, and most importantly, I will say this to orthodox (small “o”) Christians – your faith has survived far worse than what is going on in America, or the UK or Canada. That’s not to say you should resist your rights being trampled upon, but let’s face it – your ancestors (despite what athiests like Bandit13 have made up in their head) did not start out in a society friendly to the Christian faith. Their pastors, elders, deacons and congregants were tortured, rejected by family, burned at the stake, blamed for everything from earthquakes, to fires, to losses of battles, and lived in a society that was still far worse than America today. Western society is just reverting back to its Roman pagan beginnings. Hey – let ‘em have it. Those were great times: income inequality, government sanctioned violence, constant war (both civil and international), poor treatment of the sick and the infirm, high taxes, culturally accepted infanticide, poor treatment of women (despite what liberal professors make up), rationalized genocide and, oh yes, rampant disease (especially sexually transmitted disease). People forget (and liberal historians tend to hide or lie about the fact) that that society grew so sick of itself that it voluntarily chose your Christian faith (because Roman citizens, slaves, women, children and men were converting voluntarily long before Christianity became the official religion of the state – which was done because of the large population of Christian converts already in existenc in the empire in a futile attempt to bring unity and regain the glory).

So, buck up. Rewrite the law. Submit it again and this time have a narrative ready, and get ready to turn a mirror on the rapid gay activist crowd who wants to force someone to violate their conscience.

Or when he is having $ex with his barnyard girlfriends and yelling “Oh my God.”

melle1228 on February 26, 2014 at 9:46 PM

melle1228:
==========

(snark)

I see a Hollywood movie begging to be made by some wacko.

Its a story about a man and his dog, alone together on
Dogback Barking Mountain, the ups and downs, a surreal
look at love lost, love gained, inspirational and yet
so sick, you’ll laugh and you’ll cry! You will never be
so moved and touched, an absolute must see, 5 *stars!

so now instead of letting the market decide, which is what happened here, when all the companies of america were like “we won’t bring our business to you if you pass this nonsense,” now you want government intervention all up in arizona to protect you? NOW it’s bullying from outside influences and not the market doing its thing. CLASSIC!

I read the best analogy on the subject this morning. “This allows or the Grand Wizard of the KKK to walk into a T shirt shop in the Castro District in SF requiring that they print him a dozen T shirts emblazoned with ‘I Hate F@g$ & J#%s if he requests’”

Because the media is corrupt, and there are many uninformed/misinformed voters.
After all, the media told us that Obamacare would provide free healthcare for everyone for everything and that any Republicans that claimed it wouldn’t were liars. They also said that Benghazi was a spontaneous reaction to a Youtube video. etc.etc.etc.

Of course it was the media that were lying, but they lied all the way through the election.

talkingpoints on February 26, 2014 at 9:52 PM

The same Liberal media that runs pro-homosexual marriage stories at a 7:1 ratio in favor/against.

And then people wonder why there is a shift in polling in favor of homo marriage.

I don’t think it is. I don’t think this bill went far enough. I think that service can be refused for any reason; not just religious reasons. I think the bill was largely symbolic and aimed at the three cities in Arizona that do have “anti-discrimination ordinances.”

We are at a crossroads in this country. Either we respect individual rights or we become property of the state. People are going to have to make a choice soon or else the only that will be legal is smoking a bong while marrying your gay lover.

melle1228 on February 26, 2014 at 9:48 PM

I agree. I don’t think it went too far at all. I was just wondering about your statement that it was not really needed because Arizona already had a law that protected businesses from this sort of thing.

Club for Growth gives Ted Cruz, Mike Lee perfect marks
Washington Times ‎- 2 days ago
The conservative Club For Growth released its annual scorecard for … and four GOP congressmen with 100 percent ratings for their voting …

Snap! SOCONS bit it again. Christians behave as selfish cowards; they profess to love their mythical god more than they love their own children, all in some self-serving, futile effort to achieve a supernatural afterlife that was conceived and concocted by ancient humans. Christians dwell in a world of myth and fantasy, where they are forced to condemn science and reality in order to validate their false beliefs and superstitions. Religion is a mental illness, passed from one cursed generation to the next, condemning offspring to live a life of false promises where critical thinking is discouraged in lieu of dogmatic servitude. Manufacturing and maintaining your own false reality is one thing, but destroying your children’s minds before they achieve the ability to think critically for themselves is nothing less than an evil and insidious form of child abuse.

Bandit13 on February 26, 2014 at 8:50 PM
.

I gotta say, you are the one having some reality issues there. Seriously, get some help for that projection problem you have.

Johnnyreb on February 26, 2014 at 8:54 PM

.@Bandit13

Somebody got lost on their way to the Fascists Anonymous meeting….

rockmom on February 26, 2014 at 8:58 PM
.

@Bandit13

Not a lot of love from your old man, huh?

Bishop on February 26, 2014 at 9:23 PM

.@Bandit13

You typed a home run with your first seven words (of your last sentence)…